Chapter ATCP 50

ATCP 50.97   Well decommissioning.

ATCP 50.98   Wetland development or restoration.

Ch. ATCP 50 Note Note: Chapter Ag 166 was renumbered ch. ATCP 50 under s. 13.93 (2m) (b) 1., Stats., Register, April, 1993, No. 448. Chapter ATCP 50 was repealed and recreated, Register, November, 1996, No. 491, eff. 12-1-96; corrections in ch. ATCP 50 made under s. 13.93 (2m) (b) 7., Stats., Register, November, 1996, No. 491. Chapter ATCP 50 as it existed on September 30, 2002 was repealed and a new chapter ATCP 50 was created effective October 1, 2002.

Ch. ATCP 50 Note Note: This chapter implements Wisconsin’s soil and water resource management program under ch. 92, Stats. The department of agriculture, trade and consumer protection administers the program in cooperation with county land conservation committees, the land and water conservation board, the department of natural resources, and other state and federal agencies. The program has the purposes specified under s. 92.14 (2), Stats.

Ch. ATCP 50 Note Note: The rule revision that was published in the May, 2007 Wis. Adm. Register applies to small businesses as defined in s. 227.114 (1), Stats., on August 1, 2007.

subch. I of ch. ATCP 50 Subchapter I — Definitions and General Provisions

ATCP 50.01 ATCP 50.01 Definitions. In this chapter:

ATCP 50.01(1) (1) “Agricultural practice” means beekeeping; commercial feedlots; dairying; egg production; floriculture; fish or fur farming; grazing; livestock raising; orchards; poultry raising; raising of grain, grass, mint, or seed crops; raising of fruits, nuts, or berries; sod farming; placing land in federal programs in return for payments in kind; owning land, at least 35 acres of which is enrolled in the conservation reserve program under 16 USC 3831 to 3836; or vegetable raising.

ATCP 50.01(2) (2) “Conservation practice” means a facility or practice that is designed to prevent or reduce soil erosion, prevent or reduce non- point source water pollution, or achieve or maintain compliance with soil and water conservation standards. “Conservation practice” includes a nutrient management plan and DATCP 01 Verification of Depth to Bedrock.

ATCP 50.01(2m) (2m) “Contaminated runoff” means runoff, as defined in s. NR 151.002 (40), that comes into contact with feed or manure. “Contaminated runoff” includes the liquid and any sediment, manure, feed, or other material carried in the liquid.

ATCP 50.01(3) (3) “Cost-shared practice” means a conservation practice financed by a cost-share grant.

ATCP 50.01(4) (4) “Cost-share grant” is a means to reimburse a landowner for part of the cost to install or maintain a conservation practice identified in the grant.

ATCP 50.01 Note Note: See s. ATCP 50.40.

ATCP 50.01(4m) (4m) “Cost-sharing” means the action of financing a conservation practice by means of a cost-share grant.

ATCP 50.01(5) (5) “County drainage board” means a board created and appointed under s. 88.17, Stats.

ATCP 50.01(6) (6) “County land conservation committee” means the committee created by a county board under s. 92.06, Stats. “County land conservation committee” includes employees or agents of a county land conservation committee who, with committee authorization, act on behalf of the committee.

ATCP 50.01(7) (7) “CREP program” means the combined state-federal conservation reserve enhancement program under s. 93.70, Stats. and 16 USC 3834(f)(4).

ATCP 50.01(8) (8) “Department” means the state of Wisconsin department of agriculture, trade and consumer protection.

ATCP 50.01(9) (9) “DNR” means the state of Wisconsin department of natural resources.

ATCP 50.01(10) (10) “Farm” means a parcel of land on which a landowner conducts one or more agricultural practices.

ATCP 50.01(10g) (10g) “Financial Assistance” means funding in the form of a cost-share grant, incentives, performance payments or other payments that are provided to a landowner to adopt or install conservation practices.

ATCP 50.01(10r) (10r) “Incentive” means a form of a flat-rate payment or stipend made to a landowner to install conservation practices.

ATCP 50.01(12) (12) “Individual” means a natural person.

ATCP 50.01(13) (13) “Lake district” means a public inland lake protection and rehabilitation district created under subch. IV of ch. 33, Stats.

ATCP 50.01(13m) (13m) “Land conservation committee” means a committee created by a county board that meets the requirements in s. 92.06, Stats.

ATCP 50.01(14) (14) “Land out of agricultural production” means acreage that the owner can no longer use for normal crop or livestock production. Land is not taken “out of agricultural production,” for purposes of s. ATCP 50.08, if the landowner is free to use it for pasture, hay production, and cropping subject to residue management.

ATCP 50.01(15) (15) “Landowner” means any of the following:

ATCP 50.01(15)(a) (a) A person who owns a parcel of land.

ATCP 50.01(15)(b) (b) A person who rents, controls, or uses a parcel of land for agricultural purposes.

ATCP 50.01(15m) (15m) “Leachate” means the concentrated liquid which has percolated through, or drained from, animal feed or manure storage areas.

ATCP 50.01 Note Note: “Leachate” contains much higher concentrations of contaminants than contaminated runoff.

ATCP 50.01(16) (16) “Livestock operation” means a feedlot or other facility or pasture where animals are fed, confined, maintained, or stabled.

ATCP 50.01(17) (17) “Local governmental unit” has the meaning given in s. 92.15 (1) (b), Stats., and includes a county, town, city, village, lake district, and county drainage board.

ATCP 50.01(18) (18) “Local regulation” means any of the following regulations that require conservation practices on farms:

ATCP 50.01(18)(a) (a) Soil and water conservation standards that a county land conservation committee adopts under s. 92.07 (2), Stats.

ATCP 50.01(18)(b) (b) An ordinance or regulation that a county adopts under s. 59.69, 59.692, 92.07 (2), 92.11, 92.15, 92.16, 92.17, or 93.90, Stats., or under other county authority.

ATCP 50.01(18)(c) (c) An ordinance or regulation that a town, city, or village adopts under s. 92.11, 92.15, 92.16, 92.17, or 93.90, Stats., or under other town, city, or village authority.

ATCP 50.01(18)(d) (d) A regulation adopted by a county drainage board, a lake district, or other special purpose district, or a tribe.

ATCP 50.01(19) (19) “LWCB” means the state of Wisconsin land and water conservation board.

ATCP 50.01(20) (20) “Manure” means livestock excreta. “Manure” includes the following when intermingled with excreta in normal farming operations: debris including bedding, water, soil, hair, and feathers; processing derivatives including separated sand, separated manure solids, precipitated manure sludges, supernatants, digested liquids, composted biosolids, and process water; and runoff collected from barnyards, animal lots, and feed storage areas.

ATCP 50.01(21) (21) “Manure management system” has the meaning given in s. ATCP 50.62 (1) (b).

ATCP 50.01(22) (22) “Manure storage facility” has the meaning given in s. ATCP 50.62 (1) (c).

ATCP 50.01(23) (23) “Manure storage structure” has the meaning given in s. ATCP 50.62 (1) (d).

ATCP 50.01(24) (24) “Nonpoint source” has the meaning given in s. 281.65 (2) (b), Stats.

ATCP 50.01(25) (25) “Nonpoint source water pollution” has the meaning given in s. 281.16 (1) (f), Stats.

ATCP 50.01(26) (26) “NRCS” means the natural resources conservation service of the United States department of agriculture.

ATCP 50.01(27) (27) “NRCS conservation practice standard” means the standard found in the Wisconsin NRCS field office technical guide, unless otherwise specified.

ATCP 50.01 Note Note: Copies of the NRCS conservation practice standards are on file with the department and the legislative reference bureau. Copies of individual standards contained in the NRCS field office technical guide may be obtained from a county land conservation department, an NRCS field office, the Wisconsin NRCS website at: http://www.wi.nrcs.usda.gov, or the national NRCS website at: http://www.nrcs.usda.gov/.

ATCP 50.01(28) (28) “Nutrient management plan” means a farm nutrient plan prepared or approved by a qualified plan writer per s. ATCP 50.48 and meeting the requirements under s. ATCP 50.04 (3) or 50.62 (5) (f).

ATCP 50.01(29) (29) “Nutrients” means plant nutrients derived from commercial fertilizers, manure, organic wastes, soil reserves, legumes, or other sources.

ATCP 50.01(29m) (29m) “Pasture” has the meaning given in s. NR 151.015 (15m).

ATCP 50.01(29s) (29s) “Performance payment” means payments provided to landowners in return for the landowner meeting certain conservation benchmarks. Performance payments can vary based on the conservation practice or practices used and the estimated environmental benefits.

ATCP 50.01(30) (30) “Person” means an individual, corporation, partnership, cooperative association, limited liability company, trust, or other legal organization or entity.

ATCP 50.01(32) (32) “Secretary” means the secretary of the department.

ATCP 50.01(32m) (32m) “Silurian bedrock” means the area in Wisconsin where the bedrock consists of Silurian dolomite with a depth to bedrock of 20 feet or less. This area comprises portions of the following counties: Brown, Calumet, Dodge, Door, Fond du Lac, Kenosha, Kewaunee, Manitowoc, Milwaukee, Outagamie, Ozaukee, Racine, Sheboygan, Walworth, Washington, and Waukesha. Areas where Silurian bedrock occurs in Wisconsin can be identified by the most current NRCS, Wisconsin Geological Natural History Survey, department of agriculture, trade and consumer protection, department of natural resources, county maps, or infield bedrock verification methods.

ATCP 50.01(33) (33) “State regulation” means ch. 88, 91, 92, 93, 281, or 283, Stats., and rules promulgated by the department or DNR under ch. 88, 91, 92, 93, 281, or 283, Stats.

ATCP 50.01(34) (34) “Structural height” means the difference in elevation in feet between the point of lowest elevation of the structure or embankment before overtopping and the lowest elevation of the natural stream or lake bed at the downstream toe of the structure or embankment.

ATCP 50.01(34m) (34m) “Technical standard” refers to standards for which the department or DNR is a custodian.

ATCP 50.01(35) (35) “Tribe” has the meaning given in s. 165.91 (1), Stats.

ATCP 50.01(36) (36) “T-value” means the maximum average annual rate of soil erosion for each soil type that will permit a high level of crop productivity to be sustained economically and indefinitely. For most soils, “T-value” is equivalent to 1 to 5 tons of soil loss per acre per year.

ATCP 50.01(37) (37) “Unconfined manure pile” means a quantity of manure, at least 175 cu. ft. in volume, that covers the ground surface to a depth of at least 2 inches and is not confined within a manure storage facility, livestock housing facility, or barnyard runoff control facility.

ATCP 50.01(38) (38) “Waters of the state” has the meaning given in s. 283.01 (20), Stats.

ATCP 50.01(39) (39) “Weighted average soil rental rate” means, for each county, the rate determined by the United States department of agriculture, farm service agency, on form CRP-2.

ATCP 50.01 History History: CR 01-090: cr. Register September 2002 No. 561, eff. 10-1-02; CR 04-005: r. and recr. (31) Register October 2004 No. 586, eff. 11-1-04; correction in (35) made under s. 13.93 (2m) (b) 7., Stats., Register November 2006 No. 611; CR 08-075: am. (31) Register April 2009 No. 640, eff. 5-1-09; CR 13-016: cr. (2m), r. (11), cr. (15m), am. (17), (18) (a) to (c), (20), cr. (29m), am. (31) (a), (b), (33) Register February 2014 No. 698, eff. 5-1-14; CR 23-024: am. (2), (2m), (4), cr. (4m), (10g), (10r), (13m), am. (27), consol. (28) (intro.) and (b) and renum. to (28) and am., r. (28) (a), cr. (29s), r. (31), cr. (32m), (34m), am. (36) Register May 2024 No. 821, eff. 6-1-24; correction in (13m), (28) made under s. 35.17, Stats., Register May 2024 No. 821.

ATCP 50.02 ATCP 50.02 Waivers. The department may grant a written waiver from any provision of this chapter if the department finds that the waiver is necessary to achieve the objectives of this chapter. The secretary shall sign each waiver under this section. The department may not waive a statutory requirement.

ATCP 50.02 History History: CR 01-090: cr. Register September 2002 No. 561, eff. 10-1-02.

subch. II of ch. ATCP 50 Subchapter II — Soil and Water Conservation on Farms

ATCP 50.04 ATCP 50.04 Farm conservation practices. Except as provided in s. ATCP 50.08, a landowner engaged in agricultural practices in this state shall implement the following conservation practices:

ATCP 50.04(1) (1) Nonpoint source pollution control. A landowner shall implement conservation practices that achieve compliance with DNR performance standards under ss. NR 151.02 to 151.08, in effect on June 1, 2018. A nutrient management plan developed in accordance with sub. (3) may be used to demonstrate compliance with ss. NR 151.04 and 151.075.

ATCP 50.04 Note Note: Landowners who claim farmland preservation tax credits must comply with conservation standards as required under s. 91.80, Stats.

ATCP 50.04(2) (2) Soil erosion control. A landowner shall manage all lands where crops or feed are grown, including pastures, so that sheet, rill, and wind erosion rates on cropped and pastured soils do not exceed T-value. Sheet and rill erosion may be calculated using the RUSLE 2 equation or equivalent. Wind erosion may be calculated using the NRCS Wind Erosion Prediction System (WEPS).

ATCP 50.04 Note Note: Copies of RUSLE 2 and the NRCS WEPS model are on file with the department and the legislative reference bureau. Copies of both models may also be obtained from the NRCS website at: http://www.wi.nrcs.usda.gov/technical.

ATCP 50.04(3) (3) Nutrient management plan.

ATCP 50.04(3)(a) (a) A landowner shall have and follow an annual nutrient management plan when applying nutrients to any field, including pastures. A nutrient management plan shall comply with this subsection.

ATCP 50.04(3)(b) (b) The plan shall include every field on which nutrients are applied, including pastures, and pastures stocked at an average rate of more than one animal unit per acre during the grazing season. Pastures are not required to be included in the plan if all of the following requirements are met:

ATCP 50.04(3)(b)1. 1. The pastures are stocked at an average stocking rate of one animal unit per acre or less at all times during the grazing season.

ATCP 50.04(3)(b)2. 2. The pastures do not receive mechanical applications of nutrients.

ATCP 50.04 Note Note: The grazing season includes the months of the year when pasture vegetation is actively growing.

ATCP 50.04(3)(c) (c) A nutrient management planner qualified under s. ATCP 50.48 shall prepare or approve the plan.

ATCP 50.04(3)(d) (d) The plan shall be based on soil nutrient tests conducted at a laboratory certified under s. ATCP 50.50 to conduct those tests. Soil tests are not required on pastures that do not receive mechanical applications of nutrients if either of the following applies:

ATCP 50.04(3)(d)1. 1. The pastures are stocked at an average stocking rate of one animal unit per acre or less at all times during the grazing season.

ATCP 50.04(3)(d)2. 2. The pastures are stocked at an average stocking rate of more than one animal unit per acre during the grazing season, and a nutrient management plan for the pastures complies with s. NR 151.04 (2), using an assumed soil test phosphorus level of 150 parts per million and organic matter content of 6%.

ATCP 50.04(3)(de) (de) A landowner may be required to provide documentation to the county land conservation committee that animal stocking rate and soil test values for pastures do not exceed the levels in par. (b) 1. and (d) 2., respectively.

ATCP 50.04(3)(dm) (dm) If the nutrient management plan uses manure nutrient values, other than nutrient values of organic by-products regulated under ch. NR 113, 204 or 214, the manure nutrient values shall be based on one of the following:

ATCP 50.04(3)(dm)1. 1. Standard values specified in Nutrient Application Guidelines for Field, Vegetable and Fruit Crops, UWEX publication A2809 referenced in the NRCS conservation practice standard 590.

ATCP 50.04 Note Note: The current 2012 version of UWEX pub. A2809 and subsequent editions are available at: https://datcp.wi.gov/Pages/Programs_Services/ATCP50.aspx and are also on file with the department and the legislative fiscal bureau.

ATCP 50.04(3)(dm)2. 2. Manure analyses conducted at a laboratory that complies with s. ATCP 50.50 (8).

ATCP 50.04(3)(e) (e) The plan shall comply with the NRCS conservation practice standard 590 nutrient management (December, 2015) except for sections IV. D., IV. E., and V., and shall also comply with the Wisconsin Conservation Planning Technical Note WI-1 (February, 2016).